The Indian society is based on epics like Ramayana and Mahabharata. The
knowledge of the Bhagavad Gita is the common folklore of the people of India.
The Indian societies have taught themselves to follow a value system and they
rarely cross it. Moreover, the people of India have always put the moral ground
high. This has rendered the judicial system to establish morality.
The complete law of torts is established on morality. Therefore, tort is very
helpful and much needed for the Indian society. The observation was made by
His observations also anticipate the growth of tort litigation in India. In
order to understand the law of torts of modern India, we must first look into
the history. The law of torts is highly established and evolved in England and
Indian judiciary has borrowed it from her. In England, the tort law had its
humble beginnings and then it grew out to be a separate branch of law. It
improved its stature considerably. The lawyers and judges worked enough to
create such a multitude of difference in torts.
The law of torts was responsible for taking actions against violations of rights
and duties and constructed it as a contrivance for making people do the right
thing. The law made sure that people behaved reasonably, considering the
interests of others too because rights and duties go hand in hand. The law
wanted to bring uniformity to the behavior of the people.
As a result, the people of England benefited a lot by the cultivation of good
habits of thought and conduct which helps maintain the social peace and
co-operative effort. This has also built a sense of trust in the judicial
system. Various aspects of society’s life have improved due to the law. The
court is also working day in and out to find better prospective because they
want to the best to their people.
Although we have borrowed the law from the English, it is not necessary to keep
it intact and work on it. It is just a blueprint on which the foundation of law
of tort in India must be laid. We must change it for the betterment of the
Indians as and when required. The rigidity of the law cannot be guaranteed at
present as it still has room for change. The essence of the law resides in
service. Hence, proper judgement must be made and justice must be served.
The court works on evidence. It listens to the person and gives judgement with
respect to the evidence provided and circumstances given. The consequences are
thoroughly kept in mind. Most of the judgement is given in the form of some
compensation in monetary terms. The morale and sincerity of the person is also
kept in mind.
Just borrowing the law of tort from England won’t do any good to India. We must
make use of it extensively by various works of research and its application in
field. The use must be recorded and evolved for the better. The branch can only
grow if more and more literature on the law is made available. The contributions
of various lawyers, judges, and professors must be documented.
Therefore, we can conclude that the law of torts is an important branch which
mainly deals with morality. It proves to us that a nation cannot be great if the
citizens as well as judiciary lack morals and values. Morality is the need of
the hour as it the foremost value which helps a person keep crime at bay.